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 | Inside Out! The Ultimate Music Business Library! TMBIO USE LICENSE |
COPYRIGHT OWNERSHIP: La Costa Music
Business Consultants (Owner/Licensor) owns all rights to the products,
services and information offered at the TMBIO Members Site (Service/Product).
The Service/Product is protected by copyright law and international
treaties. Unauthorized viewing, copying, reproduction, or distribution
of Service/Product or any portion of it, may result in severe
civil and criminal penalties including fines and imprisonment,
and will be prosecuted to the maximum extent possible under the
law. Service/Product has been seeded to enable the monitoring
of its use.
USE LICENSE GRANTED TO LICENSEE-Owner/Licensor
grants Licensee a use license for the Service/Product during the
period that the Licensee remains a site member in good standing.
This use license consists of the right to use the Service/Product
by one person on one computer only, except in the cases of 1)
A use license granted to College or University Libraries, or Public
Libraries where the use license is extended to patrons of said
libraries, or 2) Where Licensee has paid for multiple persons
and computer stations to access this site. The Service/Product
may not be distributed by the Licensee in order to rent, lease,
lend, or sell the Service/Product, and, the Licensee may not transfer
this use license to any third party. Membership to the TMBIO Website
is not transferable to any other website maintained by La Costa
Music Business Consultants. All rights not expressly granted herein
are reserved by Owner/Licensor.
COST OF SUBSCRIPTION MEMBERSHIP-Subscription
Memberships are billed to the member's credit card as follows:
There is a one time sign up fee (the amount of the sign up fee
is always indicated on the Invoice presented for printout before
the order is processed and before a credit card is charged) plus
there is a subscription fee paid per month. The subscription fee
is charged per month for each month in which a membership account
is active. For example, if you sign up and activate your account
anytime in the month of May, your credit card will be charged
the per month subscription fee for May. The June subscription
per month fee will then be charged on or about the 1st day of
June, the July subscription per month fee will be charged on or
about the 1st day of July and so on as long as your membership
account is active. If you cancel your account anytime after the
per month subscription fee is paid, your password will still remain
active through the last day of that month.
COST OF REGULAR 6 MONTH MEMBERSHIP-Six
Month Memberships are billed a one time fee to the member's credit
card (the amount of the fee will be indicated on your Invoice).
At the end of the 6 Months, your account is automatically closed
and your password is disabled. There is no recurring charge to
the member's credit card with this type of membership.
ALL SALES ARE FINAL-The fees paid
for the TMBIO Membership are paid to cover the costs involved
to advertise the TMBIO Website, to process the member's credit
card, to set up the member's automated password and member administration
system, to set up the member's account records, to run the website
online, for the right to access via this use license the TMBIO
Membership Website and to copy the contents of the website into
Licensee's computer, and to maintain the automatic online cancellation
system which deactivates the member's password when the member
closes their account online. Because the information on the TMBIO
Website is electronic and can be so easily copied (and cannot
be returned as can a book or other physical object), all sales
are final and there are absolutely no refunds allowed. Any refund
received by the user would automatically nullify this use license
and make the copy initially made by the user a pirated copy and
put the user in criminal violation of the applicable copyright
laws and open the user up to criminal and civil prosecution which
carry severe penalties to include fines and imprisonment.
DURATION OF USE LICENSE AND CANCELLATION
BY MEMBER-Member agrees to use only the cancellation link that
is provided on the TMBIO Subscription Membership Administration
Page to cancel their account and further agrees to use only the
provided Feedback Form to contact La Costa Music Business Consultants
if any problem should arise. Member agrees not to phone La Costa
Music Business Consultants or to try to cancel their account using
any other means. Upon the termination of the account by the Member,
the Ex-Member then agrees to discontinue using the Service/Product
and to fully delete any copy or copies made of the Service/Product.
Any viewing, copying, or other use of the Service/Product without
having a paid in full use license shall be deemed unauthorized
use and may be deemed copyright infringement (which is a criminal
offense) and will be prosecuted to the maximum extent possible
under the law. Any person or entity viewing, copying, or otherwise
using the Service/Product without a use license agrees to pay
reasonable lawyer fees and all court costs involved if Licensor
must use the courts to remedy any infringement of copyright situation.
LIMITATION OF LIABILITY-With regard
to this use license, under no circumstances and under no legal
theory, tort, contract, or otherwise, shall Owner/Licensor or
any other person be liable for any indirect, special, incidental,
or consequential damages of any character including, without limitation,
damages for loss of goodwill, work stoppage, computer failure
or malfunction, or any and all other commercial damages or losses.
In no event will Owner/Licensor be liable for any damages whatsoever
in regard to the Licensee's use of stated Service/Product.
MISCELLANEOUS-This Agreement represents
the complete agreement and supersedes all prior agreements and
representations between the parties. If any provision of this
Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable.
Owner/Licensor does not grant any right that is not specifically
named in this agreement or named in amendments to this agreement
(if amendments are made in the future). Licensor may add or remove
provisions to this use license without notice. Continued active
membership and/or use of the TMBIO Website by the Licensee constitutes
agreement to any new provisions added to this use license.
Service/Product is sold and provided
on an "AS IS" basis, continual on-line access is not
guaranteed and is made available without warranty of any kind,
including without limitation the warranties of accuracy, merchantability,
fitness for a particular purpose and non-infringement. No guarantee
of results from the use of the Service/Product is either expressed
or implied. This disclaimer of warranty constitutes an essential
part of the agreement. Some states do not allow exclusions of
an implied warranty, so this disclaimer may not apply to you and
you may have other legal rights that vary from state to state
or by jurisdiction.
AGREE TO BE BOUND AND ARE BECOMING
A PARTY TO THIS AGREEMENT-Licensee agrees to be bound, and becomes
a party to this agreement by purchasing a TMBIO membership, or
by viewing, or using, or copying the Service/Product content into
Licensee's computer. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, DO NOT SIGN UP FOR THIS SERVICE AND DO NOT VIEW, USE,
OR MAKE ANY COPY OF THE PRODUCT.
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© Copyright 
La Costa Music All Rights Reserved